Laying the legal foundations for responsible artificial intelligence

Artificial Intelligence (AI) is having a profound impact on every aspect of life. More than just a tool, AI is becoming a core element in the development strategies of countries, businesses and global organizations.

Customers experience AI solutions developed byFPT Corporation. (Photo: FPT Corporation)

Therefore, the urgent issue now is to have a suitable legal corridor that both strictly manages and encourages and promotes development and innovation in the AI ​​field in accordance with the spirit of Resolution No. 57-NQ/TW of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation.

According to Dr. Tran Van Khai, Deputy Chairman of the National Assembly's Committee on Science , Technology and Environment, the timely development of the Draft Law on Artificial Intelligence will contribute to creating a legal foundation to promote research, development, application and management of AI in a safe, responsible and humane manner.

Mr. Dau Anh Tuan, Deputy Secretary General, Head of the Legal Department of the Vietnam Federation of Commerce and Industry (VCCI), also commented that this will be the first law in Vietnam to lay the legal foundation for the entire AI ecosystem - from development, application, to risk management and protection of user rights.

The draft Law on Artificial Intelligence focuses on a number of key policy groups and contents, approaching international standards such as principles of AI development and application, taking people as the center, ensuring sustainable, transparent and responsible development; classifying and managing AI systems according to risk levels, ensuring safety, security and ethical compliance; controlled testing mechanism (sandbox), creating space for innovation and development of new technologies... The draft stipulates policies to encourage businesses to participate in research, development and application of "Make in Vietnam" AI products and solutions.

Commenting on the completion of the Draft Law, many experts said that AI technology is developing very quickly, so that law-making is not always in a state of "catching up", it is necessary to build a supportive legal environment, promoting AI in the direction of updating and compliance with replacement.

Mr. Dau Anh Tuan believes that in order for this law to truly come into life and become a driving force for development, it is necessary to ensure flexibility and adaptability in the legal framework. AI is a rapidly changing field, and legalization needs to be accompanied by an effective mechanism for updating, testing, and policy feedback. If it is too rigid, it will "stifle" creativity. Along with that, there needs to be serious investment in data and computing infrastructure - this is the "fuel" for AI's survival because without quality data and strong enough computing capacity, we will forever depend on the outside.

Lawyer Le Xuan Loc, an expert with more than 20 years of experience in the field of intellectual property, said that currently no country in the world has a clear legal regime on AI, but the current general trend is still to respect and facilitate AI development, resolving conflicts through negotiations based on the spirit of agreement between the subjects of AI usage rights. "It is not simple to define what is considered copying in the current context. Therefore, the Draft should only provide general principles, based on the spirit of negotiation agreement because AI develops without borders," this expert commented.

Because it is clear that there is no “perfect copy of legal policy”, according to Mr. Dau Anh Tuan, we should create a legal corridor that is safe enough for innovation and transparent enough to control risks. “Vietnam needs to choose the path that suits it – be agile, but not reckless; encourage creativity, but do not abandon responsibility”, Mr. Tuan emphasized.

An important point in the Draft that has received the attention of many businesses is determining the legal responsibilities of developers, suppliers and AI system deployers.

Mr. Tran Van Tri, Director of Vietnam Law Media Joint Stock Company, which is implementing the AI ​​legal aid system, said that the mechanism for determining responsibility for AI output is a concern for businesses when there is no clear legal corridor regulating this issue. Mr. Tran Van Tri suggested that the Draft should more clearly define the boundaries of intellectual property rights between the parties providing, developing and implementing.

For example, in Article 12, Clause 3, Draft Law, “…The supplier and the deployer are jointly responsible if they do not apply reasonable technical measures leading to consequences that cause confusion and infringe upon the legitimate rights and interests of other individuals and organizations” is not appropriate, lawyer Nguyen Tuan Linh, BMVN International Law Firm, said that in reality, there is a clear distinction in understanding and scope of control between AI system suppliers, developers and AI deployers, so the draft should re-evaluate legal responsibilities and accountability from different perspectives to ensure feasibility and reduce conflicts.

The Draft Law also stipulates legal liability for high-risk AI systems. This is completely appropriate, however, according to representatives of some businesses, the Draft needs to clarify the insurance mechanism, liability limits and risk criteria in a reasonable and enforceable manner. In addition, it is necessary to minimize administrative barriers for businesses, especially small businesses and innovative startups. Regulations on requirements for conformity assessment, registration and publication need to be clear, transparent and have a reasonable roadmap to truly serve businesses.

HUONG NGUYEN

Source: https://nhandan.vn/dat-nen-mong-phap-ly-cho-tri-tue-nhan-tao-co-trach-nhiem-post922964.html